Legal provisions of COM(2001)43 - Proposal for aCouncil Regulationprohibiting the exportation of certain goods and services to Afghanistan, strengthening the flight ban and freeze of funds and other financial resources in respect of the Taliban of Afghanistan

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dossier COM(2001)43 - Proposal for aCouncil Regulationprohibiting the exportation of certain goods and services to Afghanistan, strengthening the ...
document COM(2001)43 EN
date March  6, 2001


Contents

Article 1

For the purpose of this Regulation:

1. 'Taliban' means: the Afghan faction which also calls itself the Islamic Emirate of Afghanistan;

2. 'Taliban Sanctions Committee' means: the Committee established by United Nations Security Council Resolution 1267 (1999);

3. 'Taliban-controlled Afghanistan' means: the territory of Afghanistan under Taliban control as designated by the Taliban Sanctions Committee and set out in Annex III;

4. 'Funds' means: financial assets and economic benefits of any kind, including, but not necessarily limited to, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, derivatives contracts; interest, dividends or other income on or value accruing from or generated by assets; credit, right of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export-financing;

5. 'Freezing of funds' means: preventing any move, transfer, alteration, use of or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the use of the funds, including portfolio management.

Article 2

1. All funds and other financial resources belonging to any natural or legal person, entity or body designated by the Taliban Sanctions Committee and listed in Annex I shall be frozen.

2. No funds or other financial resources shall be made available, directly or indirectly, to or for the benefit of, persons, entities or bodies designated by the Taliban Sanctions Committee and listed in Annex I.

3. Paragraphs 1 and 2 shall not apply to funds and financial resources for which the Taliban Sanctions Committee has granted an exemption. Such exemptions shall be obtained through the competent authorities of the Member States listed in Annex II.

Article 3

1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:

(a) provide immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2 and exemptions granted by the Taliban Sanctions Committee:

- to the competent authorities of the Member States listed in Annex II where they are resident or located, and

- directly or through the competent authorities to the Commission,

(b) cooperate with the competent authorities listed in Annex II in any verification of this information.

2. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

3. Any information directly received by the Commission shall be made available to the competent authorities of the Member States concerned.

Article 4

It shall be prohibited to sell, supply, export or ship, directly or indirectly, the chemical, acetic anhydride (CN 2915 24 00) to any natural or legal person or any entity or body in Taliban-controlled Afghanistan, or to any person, entity or body for the purpose of any business carried on in, or operated from Taliban-controlled Afghanistan.

Article 5

1. Without prejudice to the powers of Member States in the exercise of their public authority, it shall be prohibited to grant, sell, supply or transfer, directly or indirectly, technical advice, assistance or training related to the military activities of armed personnel under the control of the Taliban, to any natural or legal person or any entity or body in Taliban-controlled Afghanistan, or to any person, entity or body for the purpose of any business carried on in, or operated from Taliban-controlled Afghanistan.

2. The prohibition set out in paragraph 1 shall not apply in cases where the Taliban Sanctions Committee has granted an exemption in advance. Such exemptions shall be contained through the competent authorities of the Member States listed in Annex II.

Article 6

1. It shall be prohibited to take off from, land in or fly over the territory of the Community for any aircraft, wherever registered, if that aircraft has taken off from, or is destined to land at, any of the points of entry and landing areas in Taliban-controlled Afghanistan as designated by the Taliban Sanctions Committee and listed in Annex IV.

2. The prohibition in paragraph 1 shall not apply to:

- flights for which the Taliban Sanctions Committee has granted an exemption prior to the execution of the flight concerned. Such exemptions shall be obtained through the competent authorities of the Member States listed in Annex II;

- aircraft executing humanitarian flights operated by, or on behalf of, those organisations and agencies as designated by the Taliban Sanctions Committee and listed in Annex VI.

The organisation or agency responsible for such humanitarian flights, shall notify in advance the relevant competent authority or authorities listed in Annex II of the details of each aircraft and its flight schedule.

3. Notwithstanding paragraph 2, the take-off or landing in the territory of the Community shall be prohibited for any aircraft as designated by the Taliban Sanctions Committee and listed in Annex V, except where the Taliban Sanctions Committee has granted an exemption. Such exemptions shall be obtained through the competent authorities of the Member States listed in Annex II.

Article 7

All offices representing the interests of the Taliban and all offices, branches and subsidiaries of Ariana Afghan Airlines, which is also known as Bakhtar Afghan Airlines, shall be closed.

Article 8

The participation in related activities the object or effect of which it is, directly or indirectly, either to promote the transactions or activities referred to in Articles 2, 4, 5 and 6 or the operation of the establishments referred to in Article 7, or to circumvent the provisions of this Regulation, either through any natural or legal person, entity or body acting as middleman or front company, or by any other means, shall be prohibited.

Article 9

1. No exemptions other than those referred to in Article 2(3), Article 5, Article 6(2) and (3) may be granted.

2. Exemptions granted by the Taliban Sanctions Committee shall apply throughout the Community.

Article 10

1. The Commission shall be empowered

- to establish Annex III on the basis of determinations made by either the United Nations Security Council or the Taliban Sanctions Committee;

- to amend or supplement Annexes I, III, IV, V and VI on the basis of determinations made by either the United Nations Security Council or the Taliban Sanctions Committee;

- to amend Annex II on the basis of information supplied by the Member States.

2. Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Taliban Sanctions Committee for the purpose of the effective implementation of this Regulation.

Article 11

The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.

Article 12

This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation.

Article 13

1. Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive.

Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed, shall be those determined by the Member States in accordance with Article 10 of Regulation (EC) No 337/2000.

2. Each Member State shall be responsible for bringing proceedings against any natural or legal person, entity or body under its jurisdiction, in cases of violation of any of the prohibitions laid down in this Regulation by any such person, entity or body.

Article 14

Regulation (EC) No 337/2000 is hereby repealed and replaced by this Regulation.

Article 15 - This Regulation shall apply - within the territory of the Community, including its airspace,

- on board any aircraft or any vessel under the jurisdiction of a Member State,

- to any person elsewhere who is a national of a Member State, and

- to any legal person, entity or body which is incorporated or constituted under the law of a Member State.

Article 16

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

Articles 4 and 5, shall be applicable as of the date of entry into force of the Commission Regulation establishing Annex III, as provided for in Article 10.


This Regulation shall be binding in its entirety and directly applicable in all Member States.